Moshe s Leadership and Yehoshua s Leadership Harav Moshe Ehrenreich

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1 PARASHAT PINCHAS 19 Tamuz 5769 This week.. Moshe s Leadership and Yehoshua s Leadership- A Glimpse from the Parasha Birkot hamitzva - Ask the Rabbi Order of Acceptance of Spiritual Levels - from the Writings of Harav Avraham Yitzchak Hakohen Kook, z.t.l The Proper Level of Shemira (Watching an Object)- P'ninat Mishpat The Prohibition to Lend without Witnesses- Studies in Choshen Mishpat Related to the Daily Daf This edition of Hemdat Yamim is dedicated to the memory of R ' Meir ben Yechezkel Shraga Brachfeld o.b.m Hemdat Yamim is endowed by Les & Ethel Sutker of Chicago, Illinois in loving memory of Max and Mary Sutker and Louis and Lillian Klein, z l. Mina Presser bat Harav David and Bina on the occasion of her yahrzeit, 24 Tammuz and members of her family who perished in the shoah Al Kiddush Hashem. Moshe s Leadership and Yehoshua s Leadership Harav Moshe Ehrenreich In our parasha, Moshe is told to pass on the leadership to Yehoshua, a fine candidate to replace an irreplaceable leader (Bamidbar 27:18). The midrash illustrates the seriousness of the loss of Moshe, saying that had he brought Bnei Yisrael into Eretz Yisrael, the Beit Hamikdash would not have been destroyed and no nation would have been able to stand up to them. The author of the Mishne Lamelech asks how Moshe would have prevented destruction, considering that the nation committed the three cardinal sins. He answers based on the p sukim (Devarim 4: 22-23) that connect the ideas that Moshe was going to die and that Bnei Yisrael would worship false gods. He explains that with Moshe tapping into the merit of Eretz Yisrael, the desire for idol worship would have been nullified. In that way, Moshe s entrance would have prevented the things that brought on the destruction of the Beit Hamikdash from occurring. Rav Yisraeli z.t.l. (Harabbanut V hamedina, pg. 310) raises another way in which Moshe s leadership in the Land would have prevented destruction and Yehoshua s shortcoming in this regard. Bnei Yisrael s entry into the Land after 40 years of wandering signified a sharp transition from a life that depended on miracles to one that externally appeared natural. There was no more manna, special fire, or special cloud to show Hashem s presence on a daily basis. The people had to fight and settle the Land. The spiritual challenge was to recognize that within the natural life, Divine intervention affects everything. That is why the first battle, the Battle of Jericho, included a miracle. They circled the city for seven days with the ark of the tablets; on the seventh day the walls fell to the sound of the shofar. In order to capture the miraculous nature of the event, a ban was made on use of the city s spoils. However, this was insufficient to train the people s mindset. Hashem had told Yehoshua that in order to succeed, the sefer Torah would have to be with them and be studied day and night (Yehoshua 1:8). Because this imperative was not fully kept, an angel appeared and told Yehoshua that he had failed to involve himself in Torah study during off-times between battles (Megilla 3a). Rav Yisraeli said that he thus failed to put Torah at the center but had set the stage for the ultimate deterioration to the point of violating the three cardinal sins. In contrast, Moshe was able to tell his father-in-law that he spent all day judging the people (Shemot 18:15). This was not just a matter of dispute resolution but a way to teach people that the Torah s laws apply to every aspect of one s life. They show the Divine wisdom s breadth and relevance. This is a message that we, as dayanim in modern-day society, must remember. Hopefully, we can display the Torah s beauty and significance to those who come to us for judgment. Eretz Hemdah is the premier institution for training young rabbis to take the Israeli Rabbinate's rigorous Yadin Yadin examinations. Eretz Hemdah, with its distinctive blend of Religious Zionist philosophy and scholarship combined with community service, ensures that its graduates emerge with the finest training, the noblest motivations resulting in an exceptionally strong connection to Jewish communities worldwide. -1-

2 Question: How can we make the beracha on netilat yadayim (=neya) in shul some time after we washed our hands, as birkot hamitzva are always recited at the time the mitzva is performed shul? Answer: The gemara (Berachot 60b) describes the morning berachot as being recited as one performs each action the berachot relate to (e.g., opening one s eyes, putting on shoes, washing hands, putting on tzitzit, etc.). These days, we make the birkot hashachar, which praise Hashem for providing us with our physical needs, at one time, usually at the beginning of davening. The Shulchan Aruch (Orach Chayim 46:2) provides two reasons for our present practice: our hands are dirty when we get up, making it improper to make a beracha; some people cannot make the berachot themselves, so in shul the chazan says it on their behalf. Your query revolves around the question whether the beracha on neya stays in its place, at the time of the washing, or also moves. The Beit Yosef (OC 6) cites two approaches to the matter. The simpler one, which he accepts (Shulchan Aruch, OC 6:2) is, as you argued, that the beracha should be close to the mitzva. Admittedly, unlike other birkot hamitzva, the beracha on neya is recited after the mitzva, as before the washing, one s hands are likely to be too dirty to make the beracha (see Tosafot, Pesachim 7b). However, it still can be done either before one wipes his hands or soon thereafter, as opposed to after a long break (see Mishbetzot Zahav, OC 6:4). However, the Beit Yosef justifies the minhag to make the beracha on neya in shul, which Ashkenazim accept (Rama, ad loc.), based on the Rashba s approach to the reason for neya. He says that as one embarks on the day as a new creation, he must thank Hashem and wash his hands like a kohen in preparation for these thanks. As the washing is related to these birkot hashachar, just as they are done in shul, the beracha on neya is also done there. The Perisha (6:3) understands that this beracha is not a standard birkat hamitzva. The Rosh (Berachot 9:23) says that neya and its beracha were instituted as a preparation for tefilla. Therefore, says the Chayei Adam (7,6), if one were to wash his hands when waking up and then went to the bathroom and washed his hands again before tefilla, it is the second washing that must receive the beracha. While he only seems to make an issue of this when one expects to use the facilities between neya and davening, the Gra (Maaseh Rav 3) says that the Rosh s approach mandates making the beracha specifically in shul before tefilla (he appears not to require another neya if he does not use the facilities in between). However, the Gra is an extreme opinion in this matter, as he accepted the Rosh so much as to require neya with a beracha before Mincha and Maariv (ibid.), which we do not. In these matters, we would suggest that Ashkenazim and Sephardim follow their respective minhagim. The question is when a lot of time passes between neya upon arising and tefilla. The Chayei Adam suggests that the person go to the bathroom again, making the beracha after the second time. However, the Biur Halacha (to 4:1) raises the issue that, according to the Rashba, the beracha will not relate to the neya that requires it, upon awakening. This appears to be an issue if a long time goes by, even if he did not use the facilities in between (see ibid.). The Rama (6:2) leans toward making the beracha earlier in this case, whereas the Biur Halacha leans toward the Chayei Adam. The safest thing, in the case of a long break, is to make to make the beracha on neya at home, followed by birkot hashachar, which is the beginning of davening (Mishna Berura 6:9). (Realize that, according to all opinions, a long time goes by between the beracha on neya and Shemoneh Esrei). Living the Halachic Process - We proudly announce the publication of our first book in English. Living the Halachic Proces a selection of answers to questions from our Ask the Rabbi project. A companion CD containing source sheets for the questions is also available. In honor of the book s debut we offer it at the special rate of $20 (instead of $25). Contact us at info@eretzhemdah.org Have a question?... us at info@eretzhemdah.org -2-

3 Order of Acceptance of Spiritual Levels (based on Berachot 2:1) Gemara: Rabbi Yehoshua ben Korcha said: why did the section of Shema precede V haya Im Shamoa? It is so that one should accept upon himself the yoke of the Heavenly Kingdom and afterward accept the yoke of mitzvot. Ein Ayah: The commentators already pointed out that there was no real reason to ask why Shema should precede V haya Im Shamoa, as it precedes it in the Torah. The matter is that it seems, according to the natural order, that V haya Im Shamoa should come first because the main idea of reciting Shema is to attain shleimut (completeness) in recognizing Hashem. It is clear that this cannot occur without one becoming accustomed first to mitzvot, which straighten a person s path and purify his personal attributes and opinions. Therefore, Shema should have been after V haya Im Shamoa. However, that is in regard to the shleimut of the recognition. Regarding the basic level, which applies to all, the main thing is the acceptance of the Heavenly Kingdom, in regard to belief and acceptance of the inheritance of the community of Yaakov. Therefore, Shema must precede the acceptance of the yoke of mitzvot. What to Do With a Long Life (based on Berachot 2:3) Gemara: Sumchus says: Whoever elongates the word echad ( one, within Shema) has his days and his years lengthened. Ein Ayah: Long life is appropriate for one who set out a lofty purpose for his life. Under those circumstances, the greater the value of the means that help bring one to the goal, the greater accomplishments he can reach in that area. Therefore, he needs a long life so that he can obtain things that will enable him to reach his goal. This is not the case for one who has no purpose in life. In such a case, every moment in his life is isolated and, as these are fleeting, it makes little difference how many and how long these moments are. The gain of stretching out the word echad is to engrain in his spirit that, since Hashem is one, He rules in His world on His own. All that He created was created just for this one special and lofty goal. We have to follow Hashem to make the purpose of our own lives an uplifting goal. If we do this, then we will merit long days and years, so that we can accumulate many actions that help bring about these important attainments. The quantitative accumulation brings a grander attainment. Responsa B'mareh Habazak, Volumes I, II, III, IV, V and VI: Answers to questions from Diaspora rabbis. The questions give expression to the unique situation that Jewish communities around the world are presently undergoing. The answers deal with a developing modern world in the way of deracheha, darchei noam. The books deal with the four sections of the Shulchan Aruch, while aiming to also take into consideration the fifth section which makes the Torah a Torah of life. (Shipping according to the destination)special Price: 6 volumes of Responsa Bemareh Habazak - $75 (instead of $90) 3

4 The Proper Level of Shemira (Watching an Object) (based on Sha ar Ladin, from Halacha Psuka, vol. 59) A shomer chinam s (unpaid watchman) type of shemira depends on the object (Rambam, She eilah 4: 2-3). The gemara (Bava Metzia 42a) says that money must be stored in the ground. Yet, says the gemara, if one received money on Friday, when he lacks the time to bury the money, he is not required to do so. The Rosh (Bava Metzia 3:21) cites the Ri Abartzaloni, who says that one must put money in the ground only in a time when thieves are prevalent, but not in our days. The Rosh brings support from the Yerushalmi that says that it is enough for a shomer to put the item where the shomer places his own things. The Ramban qualifies that this is only if he puts things in normal locations. The Rambam (ibid.:4) does not mention the Ri Abartzaloni s idea, prompting the Beit Yosef to assume he disagrees. The Maggid Mishneh says that the Rambam agrees that one gives an object to be watched based on the assumptions of his time and place. The Netivot Hamishpat (291:24) says that a shomer chinam is not required to act on the shemira but just to put the object in a safe place. He brings two applications to this distinction. The Machane Ephrayim (Shomrim 38) says that a watchman, during the time the object is under his watch, is not considered the owner s worker. This makes a difference regarding the law of shemira b ba alim, that if one is working for the shomer at the time he started watching, the normal obligations do not apply. This approach also justifies the Maggid Mishneh (Sh eilah 7:11) that a shomer chinam cannot back out of his responsibility to watch, as opposed to a shomer sachar (paid watchman) who can, because any worker has to be able to stop working. Regarding a shomer sachar s obligation if the object is stolen or lost, Tosafot (Bava Kama 57a) asks why he is exempt only if there was an armed robber and not if a particularly talented robber steals it. They answer that we learn from the p sukim that the Torah obligated a shomer sachar when there is a robbery except in a defined case which is under the category of shvuya. Apparently, they posit that a shomer sachar is obligated for the action(s) of watching, and we say that if the object was stolen or lost we consider that there was not proper watching. Only when it was taken by force do we not attribute the loss to the actions of the shomer. According to this approach, there is a machloket as to when an oness (extenuating circumstance) occurred to the watchman (e.g., he became suddenly sick), not the object. The Nimukei Yosef exempts him because he was unable to watch; the Rashba obligates him if the object was stolen. Tosafot elsewhere (Bava Metzia 42a) says that regarding any oness, even one that resulted in regular robbery, a shomer sachar is exempt. The Shulchan Aruch (CM 303:2) and Netivot Hamishpat (ad loc.:2) accept the first opinion; the Shach (ad loc.:4) and Gra hold like the second Tosafot. Mishpetei Shaul Unpublished rulings by our mentor, Maran Hagaon HaRav Shaul Yisraeli zt l in his capacity as dayan at the Israeli Supreme Rabbinical Court. The book includes halachic discourse with some of our generation s greatest poskim. The special price in honor of the new publication is $20. 4

5 Baba Metzia The Prohibition to Lend without Witnesses This week in the Daf Hayomi, the Gemara (75b) states that it is prohibited to give a loan without witnesses. The Gemara gives two reasons for this prohibition. The first is that it is considered "putting a stumbling block before the blind," since one is "putting" the temptation to deny the loan before the borrower. The second reason is that this will bring a curse on the lender, since it is possible that the borrower will forget the loan and deny it, and people will think that the lender is lying and will curse him. The Gemara tells a story about Rav Ashi who asked Ravina for a loan on Friday afternoon close to Shabbat. Ravina refused to give the loan without a shtar (promissory note) signed by witnesses. Even though Rav Ashi was a Talmid Chacham, and there was no doubt regarding his credibility, Ravina was concerned that Rav Ashi would forget the loan. At first glance. Ravina's behavior appears a bit puzzling. The situation was close to Shabbat, so why couldn't witnesses suffice for Ravina? Why did he demand a shtar signed by witnesses? From this the Rambam (Malveh Veloveh 2, 7) learned that, although witnesses are sufficient, it is better to write a shtar. The Poskim (Choshen Mishpat 70, 1 and commentators), following the Rambam, delineate the hierarchy of different proofs for a loan that one can take. The basic option is to have witnesses on the loan. The problem with this option is that the lender is dependent on the presence and memory of the witnesses, and also that the borrower can claim that he repaid the loan. The second option is to take collateral. This is better in that the lender is not dependant on witnesses and that the borrower cannot claim that he repaid the loan (in most cases- see Choshen Mishpat 72). The problem with collateral is that there is no proof as to the amount of money lent, and a dispute between the lender and the borrower can occur regarding this (Sma'ah ibid 4). Another option is a promissory note signed by the lender (ktav yado). The advantages of this method are that there is no dependence on witnesses, and that there is proof of the amount lent. The disadvantage is that the borrower can still claim that he repaid the loan (Maharshadam 23, quoted by the Shach ibid 2). Thus, the best way to lend is with a shtar. That way, there is no dependence on witnesses, there is proof of the amount of the loan, and the borrower cannot claim that he repaid the loan. Nowadays, there is an option to give a check for a later date against the loan. According to some Poskim (Minchat Yitzchak 5, 19), a check is considered almost equal to a shtar, and the borrower will not be able to claim that he repaid the loan. According to this opinion, a check would be as good as a shtar for this matter. Summary: It is prohibited to give a loan without receiving proof of the loan. One can give the loan in the presence of witnesses, take collateral, or take a promissory note signed by the borrower, but the best option is to take a shtar. ********************************************* Do you want to sign your contract according to Halacha? The Rabbinical Court, Mishpat Vehalacha BeYisrael serves the public in the matter of dispute resolution according to the Halacha in a manner that is accepted by the law of the land. While drawing up a contract, one can include a provision which assigns the court jurisdiction to serve as an agreed upon arbitrator. Tel: (02) beitdin@eretzhemdah.org Fax: (02) Founder and President: Harav Shaul Israeli zt l Deans: Harav Yosef Carmel, Harav Moshe Ehrenreich ERETZ HEMDAH 5 Ha-Mem Gimmel St. P.O.B Jerusalem Tel: Fax: info@eretzhemdah.org Web :